By Ikechukwu Nnochiri

ABUJA–A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Tuesday, fixed June 30 for the Socio-Economic Rights and Accountability Project, SERAP, to open its defence to a N5billion defamation suit that was slammed against it by two officials of the Department of State Services, DSS.

Justice Yusuf Halilu adjourned the matter for defence after the Claimants- Sarah John and Gabriel Ogundele- produced their last witness to testify before the court.

The duo, who are operatives of the DSS, dragged SERAP before the court for allegedly making a false claim against them.

They alleged that SERAP falsely claimed that they invaded its Abuja office.

According to the litigants, the said false claim negatively impacted on both their reputation and the corporate image of the DSS.

Cited as defendants in the suit marked: CV/4547/2024, are SERAP and its Deputy Director, Kolawole Oluwadare.

At the resumed proceeding on the matter on Tuesday, the Claimants called their second witness, Mr. John Afolabi, who identified himself as a Director in the Investigation Directorate of the DSS.

The witness, who adopted his statement on oath dated December 3, 2024, while being cross-examined by counsel to the 1st and 2nd defendants, Divine Oguru and Oluwatosin Adesioye, respectively, told the court that the Claimants are his colleagues.

“I have known the Claimants for over five years and I have worked very closely with them. I have a mutually respectful relationship with them.

“The Claimants and I are competent, disciplined and professional in all ramifications and we remain so in the discharge of our duties,” he added.

The witness however admitted that he was not at the office of the SERAP on September 9, 2024, when the incident that led to the litigation, happened.

“I cannot tell what transpired at SERAP’s office on that day but due to what I watched on the social media and media outlets like Channels Television, as well as subsequent investigation of the matter, I got a full insight of what happened on that day,” thee witness told the court.

Asked if it was therefore correct to assume that all he knew about the case was based on what you got from the internet and Tv stations, the witness answered in the affirmative, adding that it was also from the investigation and his interaction with the two affected personnel.

The witness told the court that after the alleged incident, the Claimants were suspended by the DSS to await the outcome of the investigation.

However, the witness admitted that he did not tender any document to show that any investigation was conducted or that the Claimants were suspended.

“I did not tender any document with respect to the investigation, it was done by the office. It is office procedure and an internal affair.”

Insisting that a publication SERAP made after the alleged incident, lowered the estimation of both the Claimants and the DSS, the witness, said it was easy to identify the personnel involved as they were clearly described.

“The 1st Claimant is the only tall, large, dark complexioned woman covering NGO table for the service.

“I also averred that the estimation of the Claimant was reduced in the eyes of the public, owing to the incident.

“From publications the defendants made on social media, one could see the public reaction which was in form of likes and comments. It indicated that the public were aware of the allegation against them. That was also why the Service felt embarrassed and ordered an investigation.”

The witness told the court that though he is not in the same department with the Claimants, “but we are in the same Directorate and we work hand-in-hand.”

“The NGO table is under my Directorate. The 1st and 2nd Claimants have a superior. I am higher than their superior so they invariably report to me.

“It was their immediate superior that authorised their operation on that very day. I got to know about their visitation to SERAP after it was flashed in the news.

“I am here to testify under the instruction of the management of the DSS. Since I investigated the matter, I had to come and testify.

“The DSS was embarrassed by the publication, that is why I am here. The allegation was against the Claimants and the Service.”

Asked if he invited the defendants in the course of the investigation, the witness said: “My concentration was on my personnel who were accused of engaging in illegal operation that lowered their estimation. 

“The Defendant was invited but they did not come. There was no letter, but an invitation was extended to them and they did not come.”

Asked if there was any report from the DSS concerning the incident at SERAP’s office, the witness said he was not aware.

The two DSS operatives had in their statement of claim, told the court that in line with DSS’ practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, they were directed to visit SERAP’s office and invite its new leadership for a familiarisation meeting.

The claimants told the court that in carrying out the directive, they paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.

Maintaining that the interactions were recorded, the Claimants said before they exited SERAP’s office, Ruth, promised to inform the management of her organisation about the visit and also volunteered a phone number – 08160537202.

They said it was surprising that shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, claiming that officers of the DSS are presently unlawfully occupying it’s office.

The claimants added that “on the same day, the defendants also published a statement on SERAP’s  website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, “described as ‘a tall, large, dark-skinned woman’ and ‘a slim, dark skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant.

“In their statement, the defendants also urged the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, to immediately direct the DSS to end its intimidation, harassment and attack against the first defendant and the threat of arrest against its directors.

“Due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN).

“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”

The claimants told the court that the false alarm by the defendants caused harm to their reputation as the DSS was portrayed as a lawless organization whose operatives are incompetent, unprofessional and do not follow orders.

Consequently, the claimants prayed the court for: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.

“An order directing the defendants to pay the claimants the sum of N5bn as damages for the libellous statements published about the claimants.

“Interest on the sum of N5bn at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.”

As well as, “an order directing the defendants to pay the claimants the sum of N50million as costs of this action.”